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United States v. Hernandez

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 15, 2008

UNITED STATES OF AMERICA, RESPONDENT,
v.
LINO HERNANDEZ, MOVANT.

The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

ORDER

Movant, a federal prisoner proceeding pro se, brings this motion to correct or set aside a criminal judgment pursuant to 28 U.S.C. § 2255 (Doc. 343 in the criminal docket). Pending before the court are: (1) movant's motion for appointment of counsel (Doc. 368 in the criminal docket); and (2) movant's request for leave to proceed in forma pauperis (Doc. 369 in the criminal docket).

There currently exists no absolute right to appointment of counsel in § 2255 proceedings. See Irwin v. United States, 414 F.2d 606 (9th Cir. 1969). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of the case "if the interests of justice so require." Rule 8(c), Rules Governing Section 2255 Proceedings. In the present case, the court does not find that the interests of justice would be served by the appointment of counsel at this time.

As to movant's request for leave to proceed in forma pauperis, that request is denied as unnecessary. Movant established his indigence in the criminal proceeding.

Accordingly, IT IS HEREBY ORDERED that:

1. Movant's motion for appointment of counsel (Doc. 368 in the criminal docket) is denied; and

2. Movant's request for leave to proceed in forma pauperis (Doc. 369 in the criminal docket) is denied as unnecessary.

20081215

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